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Johnson v. Johnson

Facts:

Plaintiff wife filed a suit for divorce from defendant
husband on the grounds of willful desertion, constructive desertion, and
cruelty. The husband demurred to the wife's amended bill of complaint,
asserting the wife failed to state a cause of action for a divorce from bed and
board on the ground of cruelty. The Circuit Court of Prince William, Virginia,
sustained the demurrer. The wife appealed.

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Holdings:

The
Virginia Court made the following holding:

While a demurrer does
not admit the correctness of the pleading's conclusions of law, it admits
the truth of all material facts that are properly pleaded, facts which are
impliedly alleged, and facts which may be fairly and justly inferred.
Thus, the sole question to be decided by the trial court is whether the
facts thus pleaded, implied, and fairly and justly inferred are legally
sufficient to state a cause of action against the defendant. In this
context, a plaintiff challenging on appeal the sustaining of a defendant's
demurrer by the trial court need only show that the trial court errs in
finding that the pleading fails to state a cause of action, and not that
the plaintiff would prevail on the merits of that cause.

Va. Code Ann. § 20-95
authorizes a decree of divorce from bed and board for cruelty, reasonable
apprehension of bodily hurt, willful desertion or abandonment. In reality,
there are only two grounds for a divorce from bed and board, desertion and
cruelty, because cruelty and reasonable apprehension of bodily hurt are so
closely related in the matter of proof and effect.

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you are dealing with a divorce in Virginia or about to go through a divorce in
Virginia, contact us for help.